JOURNAL: Fundamental rights. Rivista di studi giuridici, storici e antropologici (II, 2022/2). OPEN ACCESS

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ARTICLES

1. Ezequiel ABASOLO, Camillo Viterbo y sus puntos de vista sobre el sentido y alcance de los seminarios en la formación jurídica. Una relevante intersección de experiencias académicas europeas y discusiones pedagógicas sudamericanas;

This article examines a specific case of transfer of European legal pedagogical orientations to the South American scenario. Examine the incidents that accompanied the exile of Camillo Viterbo -removed from his University as a consequence of the fascist racial legislation of 1938. Also, the prolonged impact of its recommendations on university law education had in Argentina and the rest of the subcontinental academic sphere.

2. Marco CAVINA, Pena di morte e percezioni della morte. Quando la pena non è pena;

It is not possible to assess the meaning and the impact of the death penalty outside of historical and cultural contexts in which it is applied. An approach, that is also thanatological, seems necessary. In many cases (in ancient, medieval, modern and contemporary history) societies and cultures have been based on taxonomies of values, in which death is not only the worst of evils, but on the contrary is an aspiration. Suicide by proxy, widespread between the 17th and 19th centuries especially in Central and Northern Europe, is a revealing example.

3. Viviana MOLASCHI, Algoritmi e discriminazione;

Algorithms bring both economic and social benefits and can help fight social inequalities. However, they do not escape the ambivalence that characterizes technological progress: they can cause discrimination and marginalization. After disproving the myth of algorithmic infallibility and neutrality, the paper brings to attention some examples of algorithmic discrimination that have occurred in public activity. Once the issue has been exemplified, it investigates how discriminatory algorithms are generated (however, these mechanisms are not entirely perspicuous and this lack of clarity is itself part of the problem). Finally, the paper focuses on the solutions given by law, with particular reference to the algorithmic decision-making principles of the GDPR and the proposed EU regulation on artificial intelligence. Since the current regulatory system, as well as those envisaged in the future, have inherent limitations due to the speed and unpredictability of technological developments, the analysis concludes by underlining the need for a responsible education both of developers, who design algorithms, and of users of digital instruments.

Presentazione della sezione dedicata agli 80 anni del Codice civile;

4. Rocco FAVALE, Conclusione del contratto ed evoluzione del Codice civile;

The essay examines some of the most important issues concerning the formation of the contract, through the path of the proposal, acceptance and their intersection. The analysis focuses on the discipline contained in the Italian civil code in the light of the German contract law contained in the famous First Book of the BGB dedicated to the General Part and to the various legislative or soft law interventions of a supranational nature, such as CSIG-Vienna Convention on the Sale of Goods, Unidroit-PICC and European projects on contract law (code européen des contrats, PECL, CESL).

5. Maria Paola MANTOVANI, Il valore storico-culturale della giurisprudenza come fattore di evoluzione del diritto;

Jurisprudence has historically been a factor in the evolution of law and this is evident both in models with a jurisprudential vocation and in models based on the primacy of written law. In the codified legal systems, the dialogue between the judge and the jurist has become increasingly intense over time and, thanks also to the comparative methodology, has favoured the construction of a European law as an expression of a framework of shared principles and values It is not possible to assess the meaning and the impact of the death penalty outside of historical and cultural contexts in which it is applied. An approach, that is also thanatological, seems necessary. In many cases (in ancient, medieval, modern and contemporary history) societies and cultures have been based on taxonomies of values, in which death is not only the worst of evils, but on the contrary is an aspiration. Suicide by proxy, widespread between the 17th and 19th centuries especially in Central and Northern Europe, is a revealing example.

6. Felice MERCOGLIANO, Sulle tracce romanistiche del Codice civile;

The essay includes at the beginning some brief considerations about the concepts of ‘diligentia of pater familias” coming from the Roman law, and incorporated in the art. 1176, first clause, of the Italian Civil Code of 1942; after, it mentions the concept of juristic act (that was not included in the Code) with particular respect to the elements of will and cause, in light of the vision dating back to Emilio Betti.

READINGS

7. Aldo Andrea CASSI, G. Maglio, Lezioni di filosofia dei diritti umani, Edizioni Messaggero Padova – Facoltà teologica del Triveneto, Padova, 2021.

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